[Federal Register Volume 73, Number 182 (Thursday, September 18, 2008)]
[Proposed Rules]
[Page 54125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21899]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 294

RIN 0596-AC74


Special Areas; Roadless Area Conservation; Applicability to the 
National Forests in Colorado, Regulatory Risk Assessment

AGENCY: Forest Service, USDA.

ACTION: Proposed rule; risk assessment and request for comments.

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SUMMARY: On July 25, 2008, the Forest Service, U.S. Department of 
Agriculture, proposed to establish a State-specific rule to provide 
management direction for conserving Colorado roadless areas (73 FR 
43544). This proposed rule is estimated to have more than $100,000,000 
of economic impact. The proposed rule would satisfy the economic impact 
and subject matter criteria of 7 U.S.C. 2204e and thus requires a 
regulatory risk assessment. The Forest Service is seeking comment on 
the assessment. A copy of the Regulatory Risk Assessment is available 
at the national roadless Web site http://www.roadless.fs.fed.us.

DATES: Comments must be received in writing by October 23, 2008.

ADDRESSES: Comments on the Regulatory Risk Assessment may be 
incorporated into comments on the proposed rule. Comments may be sent 
via e-mail to [email protected]. Comments also may be submitted 
via the internet at http://www.regulations.gov. Written comments 
concerning this notice should be addressed to Roadless Area 
Conservation--Colorado, P.O. Box 162909, Sacramento, CA 95816-2909, or 
via facsimile to 916-456-6724. All comments, including names and 
addresses, when provided, are placed in the record and are available 
for public inspection and copying.

FOR FURTHER INFORMATION CONTACT: For information on the Regulatory Risk 
Assessment only, contact Ken Karkula at 202-205-2869. Individuals using 
telecommunication devices for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 
p.m. Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: The Forest Service is proposing to establish 
a State-specific rule to provide management direction for conserving 
Colorado roadless areas. This rule is estimated to have more than 
$100,000,000 of economic impact. The rule satisfies the economic impact 
and subject matter criteria of 7 U.S.C. 2204e and thus requires a 
regulatory risk assessment.
    This risk assessment describes the types of risks to the 
environment that the proposed rule is designed to reduce, as well as 
discussing the likelihood that the proposed rule will reduce those 
risks. Examining risk at the site-specific level is not practical in 
this assessment therefore this risk assessment will address risks at 
the broader programmatic level.
    The purpose of the proposed rule is to provide lasting protection, 
within the context of multiple-use management, for roadless areas 
within the National Forests in Colorado. The regulatory risk assessment 
assesses the degree to which the rule reduces the risk it was designed 
to address. In this regulatory risk assessment, the risk that the rule 
addresses is the risk of not providing lasting protection, within the 
context of multiple-use management, to the roadless areas within the 
National Forests in Colorado. The provisions of the proposed rule are 
intended to provide lasting protection; in the absence of the rule such 
protection is not guaranteed, as current regulatory direction (2001 
Roadless rule) continues to be litigated.
    In general, all of the alternatives are expected to reduce the risk 
of not providing lasting protection to roadless areas in comparison to 
the condition where no management plans are implemented. Differences 
between the alternatives are based on the different levels of road 
construction and reconstruction, tree-cutting, and other activities 
discussed. Differences in the degree to which the alternatives reduce 
the risk of not providing lasting protection are small. Due to 
uncertainty over its legal status, Alternative 1 (2001 Roadless Rule) 
presents an increased risk of not providing lasting protection over the 
other two alternatives since it is unclear whether or not the rule will 
be modified by litigation. Alternative 2 (Proposed Colorado Roadless 
Rule) reduces the risk of not providing lasting protection over 
Alternative 3 (Forest Plans) due to the decreased amount of roading, 
tree-cutting, and mineral development over the amounts estimated if 
individual forest plans rather than a roadless rule controlled the 
roadless areas.

    Dated: August 28, 2008.
Charles L. Myers,
Associate Deputy Chief for National Forest System.
[FR Doc. E8-21899 Filed 9-17-08; 8:45 am]
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